Legal Question in Real Estate Law in Pennsylvania
There is a tree that sits between me and my neighbors house. During a storm, the tree fell on the roof of her house. Now she claims that we both are responsible to remove the tree from her house. Is this true
1 Answer from Attorneys
On whose land do the roots sit? Was the tree diseased in any way? Was notice given by the home owner to you if this was your tree or did you ever inspect the tree to determine if it was diseased?
If it was truly an act of God and the tree was otherwise healthy, I do not see why YOU should be held responsible. Let her file a claim with her insurer or pay to remove the tree on her own.
However, I would survey the land or look at a survey to see where the property line really sits and then look at where the roots were located to determine ownership. If the roots were on her land, then its her problem. If the tree was on your land, I would determine if the tree was healthy or diseased. If the answer is that the tree was diseased, the law expects you to inspect your property, including trees, for dangerous conditions. Was the disease obvious or did you have notice? Failure to do so can be negligence.